NAIROBI, Kenya, Nov 9 – The Court of Appeal has upheld Del Monte Kenya Limited’s bid to repossess land occupied by Pioneer International Schools, paving the way for the eviction of the institution by December 31, 2026.
In a judgment delivered on November 6, a three-judge bench dismissed an appeal by Pioneer International Schools, which operates the school commonly associated with the Munga school dispute, ruling that it had no legally enforceable tenancy agreement with the landowner.
However, the court granted the school a transitional period until December 31, 2026, to complete the academic year and facilitate the relocation of students, staff and examination candidates.
The judges directed Pioneer to continue paying monthly occupation charges at the rate previously applicable under the lease between Del Monte and Goshen Gardens Limited, clarifying that the payments would not create a new tenancy.
“Pioneer may well have acted in optimism that those negotiations would mature. But optimism, however commercially understandable, is not tenancy,” the judges ruled.
The court further ordered Pioneer not to sublet, assign, alter or expand the premises beyond ordinary school operations during the transition period.
Failure to surrender vacant possession by the deadline will allow Del Monte to execute the eviction without seeking further court orders.
The dispute dates back to September 2013, when Del Monte leased part of its land to Goshen Gardens for eight years to operate a school at a monthly rent of Sh550,000, subject to annual increases of five per cent.
However, Goshen fell into rent arrears in February 2015, prompting Del Monte to issue a termination notice in May of that year.
Pioneer subsequently entered into arrangements with Goshen to take over the school business and invested in infrastructure, staffing and operations, arguing that Del Monte had been aware of and participated in discussions surrounding the transition.
Del Monte maintained that it had never consented to the transfer of the lease and that any negotiations with Pioneer would only begin after Goshen surrendered possession.
The appellate court agreed, noting that the original lease expressly prohibited assignment without the landlord’s consent.
It also rejected Pioneer’s argument that its investments and Del Monte’s participation in preliminary discussions created an equitable right to remain on the property.
“The expectation relied upon must be traced to an assurance or encouragement attributable to Del Monte; and it must have been reasonable to have relied on it.”
The court found that Del Monte had repeatedly objected to Pioneer’s occupation, including through legal correspondence and court proceedings, and had not given assurances that a lease would be granted.
The ruling upholds the Environment and Land Court’s July 2025 judgment, which had ordered vacant possession and awarded mesne profits to Del Monte.
